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Verdict Reached in Andrea Yates Case (UPDATE: Not Guilty by reason of insanity)
KPRC Channel 2 ^

Posted on 07/26/2006 9:35:01 AM PDT by cajunman

HOUSTON -- Jurors reached a verdict in Andrea Yates' murder retrial Wednesday morning. The jury's decision will be announced at about 11:25 a.m. KPRC and Click2Houston will air the verdict live.

After deliberating nearly 11 hours, jurors returned for a third day Wednesday to determine if she was legally insane when she drowned her five children in the bathtub.

Before court ended Tuesday, the jury of six men and six women asked to review the state's definition of insanity: that someone, because of a severe mental illness, does not know a crime he is committing is wrong.

State District Judge Belinda Hill said jurors, who were sequestered for the second night, , could see the definition Wednesday morning.

Jurors have already deliberated longer than the nearly four hours it took a first jury, which convicted her in 2002. That conviction was overturned on appeal last year.

Yates, 42, has pleaded innocent by reason of insanity. She is charged in only three of the deaths, which is common in cases involving multiple slayings.

As court was to end Tuesday, jurors asked for one more hour to deliberate. But then the panel immediately passed another note rescinding that request. Hill quoted the note, which read, "We need some sleep," prompting laughs from those in the courtroom.

The jury earlier asked to review the videotape of Yates' July 2001 evaluation by Dr. Phillip Resnick, a forensic psychiatrist who testified for the defense that she did not know killing the children was wrong because she was trying to save them from hell.

Resnick told jurors that Yates was delusional and believed 6-month-old Mary, 2-year-old Luke, 3-year-old Paul, 5-year-old John and 7-year-old Noah would grow up to be criminals because she had ruined them.

Jurors later asked to review Yates' November 2001 videotaped evaluation by Dr. Park Dietz, the state's expert witness whose testimony led an appeals court to overturn Yates' 2002 capital murder conviction last year.

Dietz, a forensic psychiatrist, testified in her first trial that an episode of the television series "Law & Order" depicted a woman who was acquitted by reason of insanity after drowning her children. But no such episode existed. The judge barred attorneys in this trial from mentioning that issue.

On Tuesday, after jurors asked for the trial transcript involving defense attorney George Parnham's questioning of Dietz about the definition of obsessions, the judge brought the jury back into the courtroom.

The court reporter then read the brief transcript, in which Dietz said Yates "believed that Satan was at least present. She felt or sensed the presence." Dietz had testified that Yates' thoughts about harming her children were an obsession and a symptom of severe depression -- not psychosis.

Earlier Tuesday, jurors reviewed the slide presentation of the state's key expert witness, Dr. Michael Welner, a forensic psychiatrist who evaluated Yates in May. He testified that she did not kill her children to save them from hell as she claims, but because she was overwhelmed and felt inadequate as a mother.

Welner told jurors that although Yates was psychotic on the day of the June 2001 drownings, he found 60 examples of how she knew it was wrong to kill them.

If Yates is found innocent by reason of insanity, she will be committed to a state mental hospital, with periodic hearings before a judge to determine whether she should be released -- although by law, jurors are not allowed to be told that.

Yates will be sentenced to life in prison if convicted of capital murder.

A capital murder conviction in Texas carries either life in prison or the death penalty. Prosecutors could not seek death this time because the first trial's jurors sentenced her to life in prison, and authorities found no new evidence


TOPICS: Breaking News; Crime/Corruption; Government; US: Texas
KEYWORDS: 10commandments; andreayates; gramsci; justice; thoushaltnotkill; travesty
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To: TomGuy
Well folks, that's how it's done. If you ever feel like killing someone, just make sure you do enough stuff so you can be declared insane "at the time".

I wonder when the first case, using insanity as a defense, occurred??

The laws need to be re-written to stipulate; guilty but with penalties to include; lifetime pyschiatric incarceration when insanity is part of the defense.

81 posted on 07/26/2006 10:10:20 AM PDT by Sacajaweau (God Bless Our Troops!!)
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To: cajunman
Those kids would still be alive if Bush hadn't lied. Clearly Yates was unable to contain the pent-up rage she held within herself over Bush's lies and then took it out on the kids. Bush is clearly responsible.

Just wait, it's coming.

.
82 posted on 07/26/2006 10:10:42 AM PDT by Arcy
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To: ClancyJ
there is blame for the husband who failed to protect those children - he surely knew she was insane.

I so agree with you. He should be serving time for aiding and abetting (or some such thing...)

83 posted on 07/26/2006 10:10:45 AM PDT by Right_in_Virginia
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To: EQAndyBuzz

That just sucks....what is wrong with people now a days....

Becky


84 posted on 07/26/2006 10:10:59 AM PDT by PayNoAttentionManBehindCurtain
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To: cajunman
Not Guilty by reason of insanity

All twelve of them?

85 posted on 07/26/2006 10:11:01 AM PDT by steve-b ("Creation Science" is to the religous right what "Global Warming" is to the socialist left.)
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To: LA Woman3

http://www.khou.com/topstories/stories/khou060726_ac_yatesverdict.5ffa783.html


86 posted on 07/26/2006 10:11:01 AM PDT by LA Woman3
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To: Necrovore
I guess you condone what she did.

How you reached that conclusion, I have no idea... jerk.

You think my opinion is repugnant?

Yes.

Deal with it.

I did... Comment #44 Removed by Moderator

87 posted on 07/26/2006 10:11:25 AM PDT by Lunatic Fringe (Man Law: You Poke It, You Own It)
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To: cajunman

Well sure she is insane, but so was Ted Bundy and any number of long-since executed murderers.

Where do we draw the line?


88 posted on 07/26/2006 10:11:34 AM PDT by EyeGuy
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To: mystery-ak

Rusty Yates is disgusting.


89 posted on 07/26/2006 10:11:39 AM PDT by retrokitten
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To: Necrovore
If this was a man who did this, every single one of you would be screaming for his head.

There is some truth to your comment.... Also, if it was a man sentenced to life in prison for killing his five kids and a comment was made about how the inmates deal with people who hurt/kill children, it would be totally acceptable.

90 posted on 07/26/2006 10:11:50 AM PDT by CheneyChick
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To: Howlin

Remember they only tried her for the death of three of the children. Thus should she be released or should the DA decides to they can try her for the remaining two children. Not sure how another trial would play with the verdict of not guilty by insanity in this one.


91 posted on 07/26/2006 10:11:53 AM PDT by deport
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To: dfwgator

I think she was insane at the time. I also think she is guilty.


92 posted on 07/26/2006 10:12:02 AM PDT by Paradox (Removing all Doubt since 1998!)
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To: silentknight; mystery-ak; Howlin; All
Four of the 5

God rest their souls. May they be at peace in His joyful heaven .. free from violence and pain.

How can Rusty Yates be ACCEPTING of his 5 children being murdered?? And he's 'supportive' of her?? He's gotta have screws loose, too.

93 posted on 07/26/2006 10:12:03 AM PDT by STARWISE (They (Rats) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Howlin
This will infuriate anybody who has ever lost a child.

This woman was obviously sick to do something so horrific. That people can't understand that or have some other emotional reason to hate her is not a reason to fry her.

94 posted on 07/26/2006 10:12:16 AM PDT by Glenn (Annoy a BushBot...Think for yourself.)
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To: Right_in_Virginia

That's a good one! I think that should be an option, where once she is "treated" then she begins to serve her sentence, thus hopefully never, ever being free again.


95 posted on 07/26/2006 10:12:44 AM PDT by southernindymom
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To: Necrovore
She will also get book deals as well as movie deals.

No she won't. She will be on psychotropic drugs for the rest of her life.

Her physical location is beside the point, whether a state hospital or state prison. Her mental state will likely never improve.

96 posted on 07/26/2006 10:12:45 AM PDT by sinkspur (Today, we settled all family business.)
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To: tutstar
Yes, she will face her maker. And that alone consuls me.

Interesting that her ex huband, Rusty was there showing his support. We are a sick society..

sw

97 posted on 07/26/2006 10:12:58 AM PDT by spectre (Spectre's wife)
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To: Skooz

How many of her children was she on trial for killing? I thought it was not all 5. Does this mean the state can now try her for the remaining children, hoping for a guilty verdict from a second jury?


98 posted on 07/26/2006 10:13:02 AM PDT by drb9
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To: PayNoAttentionManBehindCurtain

Even if they lock her in an asylum, she might be able to pull it off... I can't imagine why she wouldn't want to be dead right now.


99 posted on 07/26/2006 10:13:08 AM PDT by Tired of Taxes (That's taxes, not Texas. I have no beef with TX. NJ has the highest property taxes in the nation.)
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To: leilani
unfortunate children

the truth is they are her dead drowned children. calling them unfortunate is sugar coating the truth. this sick woman murdered her babies.

100 posted on 07/26/2006 10:13:12 AM PDT by tioga
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